Page No.# 1/2 GAHC010043902026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./296/2026 JABED ALI AND ANR S/O LATE SAMSUL HOQUE RESIDENT OF VILL- KUKURMARA PART-II, P.O. RADHAMADHAB HAT,P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2: MONSER ALI @ BABU S/O LATE ABDUL KAYUM RESIDENT OF VILL- KUKURMARA PART-II P.O. RADHAMADHAB HAT P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN,A A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 Heard Mr. M Islam, learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, learned Additional Public Prosecutor, Assam. This application has been filed under Section 528 of the BNSS, 2023 by the petitioners, Page No.# 2/2 namely, (1) Jabed Ali and (2) Monser Ali @ Babu in respect of PRC No. 324/2025 pending in the Court of the learned Judicial Magistrate 1st Class, South Salmara, Mankachar. Both the petitioners have been shown absconders in the charge sheet. The Trial Court issued Non Bailable Warrant of Arrest against them by order dated 23.12.2025. The learned counsel representing the petitioners has submitted that the petitioners are interested in facing the trial and, therefore, adequate opportunity should be given to them to contest the case. Since the offence alleged against the petitioners are sessions triable, the petitioners apprehend that if they appear before the learned Judicial Magistrate 1st Class, South Salmara, Mankachar they will not be released on bail and may send to custody. I have considered the submissions made by the learned counsel for both sides. Considering entire aspect of the matter, this Court is of the opinion that since the petitioners are interested to participate in the trial, an opportunity should be given to them. Therefore, the order dated 23.12.2025 passed in PRC No. 324/2025 by the learned Judicial Magistrate 1st Class, South Salmara, Mankachar issuing NBWA against the petitioners is set aside and recalled. In view of the above, the petitioners, namely, (1) Jabed Ali and (2) Monser Ali @ Babu are directed to appear before the learned Judicial Magistrate 1st Class, South Salmara, Mankachar in respect of PRC No. 324/2025 within next 10 (ten) days from today. On their appearance, the learned Judicial Magistrate 1st Class, South Salmara, Mankachar shall allow the petitioners to go on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, South Salmara, Mankachar. The petitioners are directed to appear before the learned Trial Court on each and every date of hearing and if they fail to do so, the learned Trial Court shall have the liberty to procure their attendance by following due procedure of law. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant